19930243 Ver 1_COMPLETE FILE_19930608

It
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS E +a ''
P.O. BOX 1890 ?i
WILMINGTON, NORTH CAROLINA 28402-1890 APR 0i 0 19,93
',^,(ar;
IN REPLY ,REFER TO April 19, 1993 y WE!
Regulatory.. Branch.
Action ID. 199301498 and Nationwide Permit Nos. 14'(Road Crossing) and 26
(Headwaters)
Mr. Jack W. Moore
206 West Cliff Street
Wallace, North Carolina 28466
Dear Mr. Moore:
The Federal review has been completed for your proposal to impact 2.06
acres of wetland to construct approximately 200 linear feet of road and create
residential lots on your property on the east side of Greenwood Avenue at the
end of Forrest Avenue off Wrightsville Avenue in Wilmington, New Hanover
County, North Carolina, and no objections have been received.
For the purposes of the U.S. Army Corps of Engineers' Regulatory Program,
Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the
Federal Register on November 22, 1991, lists nationwide permits.
Authorization, pursuant to Section 10 of the Rivers and Harbors Act of 1899
and Section 404 of the Clean Water Act, was provided for fills for roads
crossing waters of the United States (including wetlands and other special
aquatic sites) provided:
a. The width of the fill is limited to the minimum necessary for the
actual crossing;
b. The fill placed in waters of the United States is limited to a filled
area of no more than one-third acre. Furthermore, no more than a total of 200
linear feet of the fill for the roadway can occur in special aquatic sites,
including wetlands;
c. The crossing is culverted, bridged or otherwise designed to prevent
the restriction of, and to withstand, expected highflows and the movement of
aquatic organisms;
d. The crossing, including all attendant features, both temporary and
permanent, is part of a single and complete project for crossing of a water of
the United States;.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CFR), Part 330.6, published in the Federal
Register on November 22, 1991, lists nationwide permits. Authorization was
provided, pursuant to Section 404 of the Clean Water Act, for discharges of
dredged or fill material into headwaters and isolated waters.
4
-2-
Your work is authorized by these nationwide permits provided it is
accomplished in strict accordance with the enclosed conditions. These
nationwide permits do not relieve you of the responsibility to obtain any
required State or local approval. If you have not already done so, you should
contact the following agencies to obtain the required State authorizations
prior to starting to work: Mr. John Dorney, North Carolina Division of
Environmental Management, telephone [phone], and Mr. Steve Benton,
North Carolina Division of Coastal Management, telephone [phone].
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued, or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the nationwide permit authorization is reissued without modification or the
activity complies with any subsequent modification of the nationwide permit
authorization. If during the 2 years, the nationwide permit authorization
expires or is suspended or revoked, or is modified, such that the activity
would no longer comply with the terms and conditions of the nationwide permit,
activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon the nationwide permit will remain
authorized provided the activity is completed within 12 months of the date of
the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify,
suspend, or revoke the authorization.
Questions or comments may be addressed to Mr. Jeffrey Richter, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
1
-3-
Copies Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
John Dorney
-Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Jim Gregson
Wilmington Regional office
NC Division of Environmental
Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
Mr. Steve Benton
NCDHENR
Division of Coastal Management
Post Office Box 27687
Raleigh, NC 27611-7687
Mr. Bob Stroud
Wilmington Regional office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
Mr. Charles Jones
Morehehead City Regional Office
NC Division of Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
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State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor April 22, 1993
Jonathan B. Howes, Secretary
Mr. Jack W. Moore
206 West Cliff Street
Wallace, NC 28466
REFERENCE: DEM93-243 Nationwide Permit Application for an activity located in
New Hanover County, NO Fill Wetlands for Road Access and Residential Development
Dear Mr. Moore:
The NC Division of Coastal Management has reviewed the above referenced application for a
Nationwide Permit dated 03/19/93 pursuant to Section 307 of the Coastal Zone Management Act of 1972
as amended. Based upon our review, we have determined that the proposed activity is consistent with
the North Carolina Coastal Management Program provided the following conditions are met.
1. The activity described in the above application qualifies to receive one of the Nationwide Permits
described in 33 CFR Part 330 with the exception of numbers 17, 21, 24, and 34 which were found
inconsistent with the North Carolina Coastal Management Program.
2. A 401 Water Quality Certification is received, where required, from the NC Division of
Environmental Management.
This letter does not relieve you of the responsibility to insure that all other State authorization
and/or permit requirements are met prior to implementation of the project. Please feel free to contact Mr.
Steve Benton at [phone] if you have any questions or need further assistance.
Sincerely,
i
Roger N. checter
cc: Bob Stroud, Division of Coastal Management, Wilmington
John Dorney, NC Division of Environmental Management, Rtv. igh
Wilmington District Engineer
ATTN: CESAW-CO-E
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] Fax # [phone]
An Equal Opportunity Affirmative Action Employer
& 50%raryded/10% posbmnaumerppP
e
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
June 10, 1993
Mr. Jack Moore
206 West Cliff Street
Wallace, N.C. 28466
Dear Mr. Moore:
Subject: Proposed fill in Wetlands or Waters
Residential lot fill
New Hanover County
DEM Project # 93243
ID EHNR
Upon review of your request for 401 Water Quality Certification to place fill
material in 1.8 acres of wetlands or waters which are tributary to Bradley Creek for
residential lot fill located at Greenwood Avenue and Forrest Avenue; Wilmington in
New Hanover County, as described in your submittal dated 23 March 1993, we have
determined that the proposed fill can be covered by General Water Quality
Certification No. 2671 issued January 21, 1992. A copy of the General Certification is
attached. This Certification may be used in qualifying for coverage under Corps of
Engineers' General Permit No. 26.
An additional conditions are:
1.) that a 50 foot undisturbed buffer shall be left adjacent to the ditch,
2.) no fill shall occur in lots 5 and 23 and
3.) deed restrictions shall be placed on all lots to prevent fill in the buffer.
Such deed restrictions shall list the state of NC as a beneficiary.
These restrictions shall run with the land and be recorded before any
property in the development is transferred.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An equal opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
J
If you have any questions, please contact John Dorney at 919-733-1786.
Sincerely,
A. Preston Howard, VJr. P. E.
93243.Itr
Attachment
cc: Wilmington District Corps of Engineers
-Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Dorney
Central Files
Dennis Stewart; WRC
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TELEPHONED PLEASE CALL
CALLED TO SEE YOU WILL CALL AGAIN
WANTS TO SEE YOU URGENT
RETURNED YOUR CALL
N.C. Dept. of Environment, Health, and Natural Resources
01,

have resulted in a questionable, and at best a poor quality,
wetland.
I apologize for the length of the narrative. I hope
that the map and narrative are helpful in viewing my project
more positively. If this information is still insufficient,
please advise as to what other information you need. The
statements contained here are true to the best of my
knowledge. If you need verification please advise.
' i ncere 1 y ,
ack W. Moore

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206, W. C:l iff ;tree t.
Wallace, N.C. 28466
April 30, 1993
Mr. John R. Dorney
N.C. Dept. of Environment, Health, and Natural Resources
Division of Environmental Management
512 N. Salisbury Street
Raleigh, N.C. 27604
Re: Project #93243
Dear. Mr. Dorney,
This letter is in response to your letter dated
4/22/93. I would like to respond by both documentation and
narrative beginning with your first paragraph.
In your first paragraph you state that you have
"...identified significant uses that would be removed by
this project." The first use you state is water storage.
While I will admit that my technical knowledge of this term
and other terms is limited, the most water I ever saw during
this extremely wet winter, and after one of the heaviest
rains in the Wilmington area, is a puddle in an
approximately 4 foot diameter depression on the western
perimeter of the property. This area is upland from the
ditch and is in the road right-of-way.
The second use that you state is streambank
stabilization. The dirt removed from the ditch is plied
along side the ditch. The height of piles of dirt vary from
5 feet to 10 feet in height from the ditch bottom. In fact,
if the piles were removed, the small flow of water would be
surface level rather than there being a ditch. What I'm
trying to say is that there is not much of ditch there nor
is there a great flow of water even with excessive rainfal?_.
At any rate, the ditch bank seems well stabilized with large
trees as well as with smaller vegetation.
The third use is pollutant removal. I assume that
pollutant removal is related to your concern about the 10
foot buffer from the ditch as stated in the second paragraph
of your letter, so I will try to address these together. Not
knowing exactly what pollutants are of concern, this issue
is difficult to address. I will start with the obvious.
Sewage is disposed of via the county sewage system, so this
disposal method should insure more than adequate protection
from this source of water pollution. For the life of me, I
can't think of other possible sources of pollution. Let me
say, however, that if I am permitted a 401 certification
that many of the trees will be left and that yards will be
landscaped, grassed, and stabilized. When one considers the
length of the lots from the road (Greenwood Avenue) to the

ditch is 100 feet and that parking will be located on
Greenwood Avenue, it would appear that this area would
provide more than adequate protection for any runoff that
might happen to find its way to the ditch. From the smell at
the ditch, noted by one of the New Hanover County planners
and by myself (and I think also by Mr. Jeff Richter, U. S.
Army Corp of Engineers), I highly question the present
quality of the water in the ditch. So I seriously doubt that
my project will jeopordize water quality. Even if the water
quality is good, I fail to see what pollutants I would be
adding.
The fourth use is wildlife habitat. I have visited the
site almost weekly (on occasion, several times a week) since
November 1992. While I am sure there must be a stray bird
that visits occasionally, I have as yet to see a single one.
Neither have I seen a squirrel, rabbit, minnow, or even a
bug. This small site is literally surrounded by development
and appears unsuitable to and uninhabited by even the most
domestically adapted wildlife species.
I will now attempt to address the question in the
second paragraph. Please refer to the enclosed map. The site
(a part of Greenwood Subdivision as designed and recorded in
1941) consists of upland and possible wetlands. As designed
the lots run from upland (west) to lower land (east). The
elevation, the ditch location, and the road and lot design
necessitate the inclusion of some low areas, some of which
will require fill, others will not, for residents to have
adequate area. The main area for fill is within and along
the road right-of-way, but there are a few areas within the
lots that will have to be filled (mostly close to the
right-of-way). But to answer your question, no, the lots
cannot be utilized without the inclusion of some low areas.
There are some other facts that I would like you to
consider on my behalf. While, I realize that each project
viewed individually,.it is my understanding that a 401
certificatiton has been issued to at least one other
developer. Recent development downstream from my site
encompasses nearly as much area as my two acres of low area.
Forrest Avenue and the county sewer have been extended
across the ditch that runs through my property. The corner
of at least two residences sit within a foot of the bank
rising from the bottom of two other ditches. My development
of these lots will be in stages of probably 3-4 lots at a
time. Ths should help with stabilization and should help
maintain water quality. The U.S. Army Corp of Engineers has
granted NWP,#14 and #26. The N.C. Division of Coastal
Management has also given its approval as have the other
agencies required to receive notification. These approvals
imply that these agencies have no concern about the impact
of this project. A couple of agency representatives
commented that previous and recent development and ditching
MEMO
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DATE: C0
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North Carolina Department of Environment,
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MEMO
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DATE:
SUBJECT:
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From:
""?N? STAT£?a
North Carolina Department of Environment
Health, and Natural Resources printed on Recycled Paper
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State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor April 22, 1993 A. Preston Howard, Jr., P.E.
Jon it an BDTacwes4ecr yore Director
206 W. Cliff Street
Wallace, N.C. 28466
Project #93243
Dear Mr. Moore:
The Division of Environmental Management, Water Quality
Section has reviewed your plans for wetland fill for 2.0 acres of
wetlands at Greenwood-Avenue at Forrest Avenue in Wilmington in
New Hanover County for residential development. Based on this
review, we have identified significant uses which would be
removed by this project. These are water storage, streambank
stabilization, pollutant removal and wildlife habitat..
Furthermore, insufficient evidence is present in our files to
conclude that your project must be built as planned. Therefore,
we are moving toward denial of your 401 Certification.
Please provide us with information supporting your position
that your project must be constructed in wetlands. Specifically
can you construct your development on nearby upland? Please
provide a map depicting the number of lots, their sizes and
location. Also a ten foot wide buffer along the stream channel
is not sufficiently wide to protect water quality downstream.
Any documentation such as maps and narrative which you can supply
to address upland alternatives may be helpful in our review of
your 401.Certification. Please respond within two weeks of the
date of this letter.
If you have any questions, please call me at 919/733-1786.
93243.stp
cc: Wilmington DEM Regional
rely,
i.
John R. Dorn y
Office
John Parker, Coastal Management
Wilmington Office COE
Central Files Regional Offices
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 9191395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
c i
MEMORANDUM PRINT NAMES:
Reviewer: ?,rv? CsI???Sy^'
TO: John Dorney WO SupV.: is S 1=0 c L7 ?1
Planning Branch DATE : Y-25--9 3 A p tC- Lc-? S
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLIC LE)
PERMIT YR: 93 PERMIT NO: 0000243 COUNTY: NEW HANOVER
APPLICANT NAME: JACK W. MOORE
PROJECT-TYPE: RSIDENTIAL FILL PER
COE_#:
RCD_FROM__CDA : APP DATE"
REG_OFFICE: WIRO.t RIVER-AND-SUB.
f STREAM CLASS:
r
WL_IMPACT?: /N
WL._REQUESTED: )`J WL.
4IT_TYPE: NW14/26
DOT #:
FRM_CDA: 03/23/93
-BASIN-#: b3 ??
WL_TYPE : FIV#
ACk EST? : Y/N fit'??'`'?
WL_SCORE(#):7CR,5 WATER IMPACTED BY FILL?: Y
HYDRO_CNECT?: YON MITIGATION?: Y&
MITIGATION_TYPE:,V/e- MITIGATION_SIZE:/4-/4
IS WETLAND RATING SHEET ATTACHED?: VN
RECOMMENDATION (Circle One): ISSUE ISSUE/COND DENY
COMMENTS : m_4, ? aanfute.?
t4 _1A
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cc: Regional Office
Central Files
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DEM ID:, ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit ft A/I/
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATTN: CESAW-CO-E
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL
NC DEPARTMENT OF ENVIRONA
AND NATURAL RESOURCES
P.O. Bop 29535
Raleigh, NC 27626-0535
ATTN: MR. SOHN DORNEY
t5 0 ? L5 ,, f
MAR 2 31993,
Telephone [phone]
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: W ?h 2
2. Owners Address: a-v & W a-f f !? f " ?-l G 9--q-Y-6 6
3. Owners Phone Number (Home): Lir - 6 7-1 ?K:21-1 `7677 (Work): ? gel ` 3 3 7,5--
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
5. Location of work (MUST ATTACH MAP). County:. A&W ff*.i10 V °r
Nearest Town or City:
Specific Location (Incrlude road numbers, landmarks, e
Q.? i-,e e-v !!5,C
?i?rYe51` v
r e e ?ti. wool W-.9 e.
.a_.
6. Name of Closest Stream/River: r ?.ey Cr e e,?
7. River Basin: Z
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS H? YES [) NO
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [--I---
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 06
Drained:
Flooded:
Excavated:
Total Impacted: 2-a

12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only):}L!?- rod .? c'f
r W ie -ts ke 411-sal yem - d X . , a it . ?,?.ed ?o
1 Y2
} CG i •a.?r GS
13. Purpose of proposed work:kes
14. State reasons..why the applicant believes that this activity must be carried out in wetlands. Also note measures
taken to minimize wetland impacts. w e//aUs 0-r e- so /o lP. e '7? n e? ess; Sv?v. Q

.. r rS ee fi P.
15. You are !required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NMFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened species or critical
habitat in the permit area that may be affected by the proposed project. Have you done so? YES NO [
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES 1--r NO [
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line.
D. If a stormwater management plan is required for this prcje(
E. What is land use of surrounding property? ?)?Cd.'6J;
F. If applicable, what is proposed method of sewage disposal?
attach copy.
,^er's Signature Date
610/ 4-.1V) as VhZ;'C-rvQ l Q 5 ossd e (b &.5417 On? W?i?hc assr???
b 1in,,.? // 'tom /?QTQ c? is K C-eosa r y ??,e.
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JAM 9.3 '93, 03: 37PM
Wetland area
Nearest road .
•
07 c9 Y acres Wetland with /d feet "
Nydrologieally, connected
T o Hydrologically Isolated

Swwpl M.,
+
Wetland.type;(select one) o Other
+ o Swamp forest o Shoreline •
` V Bottomland hardwood forest o Stream channel ;
o, Salt marsh
o Carolina bay,
• o Pocosin o Brackish marsh
o Pine savannah o Freshwater marsh •
o Wet flat o Bog/Fen
' o Perched o Vernal pool •
•
Water storage um
Bank/Shoreline stabilization ?T? --- x 4.00
Pollutant removal.
Sensitive watershed K MY s x 1.50 .' +
Dispersal eorridarka = Wetland score.
Special ecological attributes ?? _# •
Wildlife habitat --? x 1.50 = }rtnd •
,.x. tiYk
Aquatic life value
RecreatiorVEducation 1 v ? ; rK ?b, <N •
Gfiy I x 0.25
Economic value N ? +
^••..•.:.•..••i".•••. ???w.M?.'••V•?::••+.*•.?F•.•it?••.i,•"•r'..••,.•••••!!•i#
f• 'q.
DEM ID: 9 321 ACTION ID:
1ationwide Permit Requested (Provide Nationwide Permit #): AM . ??
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING m?----m°
CORPS OF ENGINEERS DIVISION OF ENVIRONME
NT 2 N
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIR ,
P.O. Box 1890 AND NATURAL RESOURCES
Wilmington, NC 28402-1890 P.O. Box 29535 j ???A[? 2
ATTN: CESAW-CO-E Raleigh, NC 27626-0535 u
Telephone [phone] ATTN: MR. JOHN DORNEY L Telephone [phone] WETU.NDS GROUP
I WRT0 nn Al ITY SECTI
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TOS OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: J,4r k w PA en, P-
2. Owners Address: ?-y & W a`4 ?; f " 0 G 9-?Y6 6
3. Owners Phone Number (Home): (Work): 3 3 7-'.4x-
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
5. Location of work (MUST ATTACH MAP). County: /U ew ff .Y%o V or
Nearest Town or City: U)tly'"LVII!
L
Specific Location (Include road numbers, landmarks, etc.):-&-< T c ?J e o 1-5 e?1 wocx? {q-? e.
aT- '?? o-C FDrNe$T- 4-iv e- OC4 ??rf U,/e.
6. Name of Closest Stream/River: 'J?,rcLg1,e!4 Cr e-e-i-
7. River Basin: w
8. Is this project located in a watershed classed as Trout, SA, HQW, ORW, WS I, or WS 11? YES [ ] NO
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [-I---
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
?.0
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: dql Drained: 06. 1

Flooded:
Excavated:
Total Impacted: ?-a
r'
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only):}///-Q„nror . ;.A?" of
d?/ ?-
I2r_P?wo?y ff-ri e 4, tno?? veyL - TryDX , / •?i4 . ?e v
13. Purpose of proposed work: kes
14. State reasons why the applicant believes that this activity must ,b/e carried out in wetlands. Also note measures
taken to minimize wetland impacts. let s e.r a so/ /off r'? e s A n ec .90s; > 7e Sv?.,tiQ
ledrL),%4 ?i
haPDn J:.He-salt. do rs.e'4-0 ?A, . e..,.?_/.,Z .L.-_„ L„
15. You are !required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NMFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened sp[ ecies or critical
habitat in the permit area that may be affected by the proposed project. Have you done so? YES ? NO [ )
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES H' NO [ )
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line.
D. If a stormwater management plan is required for this projec
E. What is land use of surrounding property? a,
F. If applicable, what is proposed method of sewage disposal?
copy.
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Date
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Carolina Wildlife
512 N. Salisbury Street, Raleigh, North Carolina
Charles R. Fullwood, Executh
MEMORANDUM
TO: John Dorney
Water Quality Planning
FROM: Richard B. Hamilton ?J,G?la?.c(?
Assistant Director ??````
DATE: May 4, 1993
SUBJECT: 401 Water Quality Certification for Jack W. Moore,
at the end of Forrest Ave. off Wrightsville Ave.,
Wilmington, New Hanover County, North Carolina.
Biologists on the Wildlife Resources Commission staff
have reviewed the subject permit application and are
familiar with habitat values of the project area. An on-
site investigation was conducted on April 6, 1993 for the
purpose of assessing construction impacts to wildlife and
fisheries resources. Our comments are provided in
accordance with provisions of the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661
et. seq.).
Plans call for the filling of approximately 2 acres of
404 wetlands to develop residential lots. An access road
and utility extensions have been constructed at the site.
Lot boundaries are not shown on the site drawing provided.
Most of the affected wetlands support relatively old growth
vegetation including black gum, red maple, red bay and sweet
gum. Favorable habitat exists for raccoon, opossum, muskrat
and a variety of songbirds. The headwater of an unnamed
tributary to Bradley Creek (classified SC High Quality
Waters) is adjacent to the site. Though small, the stream
runs clear and supports mosquitofish and algal growth.
As proposed the project would result in the loss of
approximately 2 acres of relatively undisturbed wetlands
providing good quality wildlife habitat and a buffer to
stormwater runoff. Stream sedimentation from earth moving
activities could occur and impact Bradley Creek downstream.
No attempts to avoid or mitigate these impacts are described
Memorandum Page 2 May 4, 1993
by the applicant. In our opinion, the proposed work would
contribute individually and cumulatively to water quality
degradation and result in loss of existing uses. Also, we
find the project to be inconsistent with our Policies and
Guidelines for Conservation of Wetlands and Aquatic
Habitats. Consequently, we recommend that certification not
be issued. Efforts to locate lots in such a way as to
minimize wetland filling would enable a more favorable
review by this agency.
Thank you for the opportunity to review and comment on
this application. If you have questions or need additional
assistance, please call Dennis Stewart, Habitat Conservation
Program Manager at [phone]; [phone] or Bennett
Wynne, District 2 Fisheries Biologist at [phone].
cc: Hon. Roy Gerodd Sowers, III, District 2 Commissioner
Bennett Wynne, District 2 Fisheries Biologist
Brent Wilson, Wildlife Biologist